In the matter of Evcorp Grains Pty Ltd ACN 134 204 050 (No 2) [2014] NSWSC 155

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Evcorp Grains Pty Ltd ACN 134 204 050 (No 2) [2014] NSWSC 155 Hearing dates: 24 February 2014 Decision date: 03 March 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Proceedings dismissed Catchwords: CORPORATIONS - external administration - liquidation - application for winding up sought where company already in voluntary liquidation - necessary to point to some justification for such an order - no sufficient justification proffered - no order made Legislation Cited: (Cth) Corporations Act 2001, s 446A, s 439C, s 435C, s 1322(4)(a), s 503, s 459A, s 467B (Cth) Corporations Law, s 459B, s 467B, s 472, s 503 Cases Cited: Carter and Another (as liqs of New Tel Ltd (in liq)) v New Tel Ltd (in liq) [2003] NSWSC 128 CBA Corporate Services (NSW) Pty Limited v Walker and Moloney, in the matter of ZYX Learning Centres Limited (receivers and managers appointed) (in liq) [2013] FCAFC 74 Citrix Systems Inc v Telesystems Learning Pty Ltd (in liq) (1998) 28 ACSR 529 Deputy Commissioner of Taxation v Tull Reinforcing Pty Ltd [2006] FCA 810; (2006) 153 FCR 394 Emerton Pty Ltd v Referral Marketing Services Pty Ltd [2009] NSWSC 738 In the matter of Evcorp Grains Pty Ltd ACN 134 204 050 [2014] NSWSC 72 Neha Impex International Pty Ltd v Mintz & Co Pty Ltd [2003] WASC 196 Re Green (as liq of Australian Resources Ltd (in liq)) [2004] NSWSC 1073; (2004) 52 ACSR 450 Re Green (as liq of Australian Resources Ltd (in liq)) [2004] NSWSC 1095; (2004) 52 ACSR 452 Category: Principal judgment Parties: 1st Fleet Pty Ltd (in liq) (plaintiff) Evcorp Grains Pty Ltd (defendant) Representation: Counsel: B De Buse (plaintiff) C M Harris SC (defendant) Solicitors: Coleman Greig Lawyers (plaintiff) Colin Biggers & Paisley (defendant) File Number(s): 2013/ 325744